Best DUI Lawyers in Bakersfield

FAQs

• What is the non-emergency contact number for the local police station in Bakersfield, California?

  The non-emergency number for reporting minor incidents or property crimes in Bakersfield is 661-327-7111.

• Where can I get a copy of police reports for incidents related to my case in Bakersfield, California?

  For online requests, you may obtain a copy from https://bakersfieldca.justfoia.com/publicportal/home/track. For in-person requests, you may purchase reports at the Bakersfield Police Department. You may also write a request and mail it to the police department at 1601 Truxtun Avenue Headquarters, Bakersfield, CA 93301-5109. You may also call at 661-326-3854.

• How much jail time is in store for DUI offenders in Bakersfield?

  First-time Bakersfield DUI offenders have a statutory minimum jail time of two days. Depending on the case’s circumstances, this can extend up to six months. Second-time offenders can expect jail time of 10 days up to one year, while third-time offenders can be jailed from 120 days to one year. Fourth-time offenders can be charged with a misdemeanor with at least 180 days jail time, or be charged with a felony with at least 16 months jail time.

• What are mandatory DUI classes being imposed on offenders in Bakersfield?

  Convicted DUI offenders in Bakersfield undergo time consuming and expensive mandatory DUI classes. They are required for offenders to maintain or receive their driver’s license. The first type of class is informational, which has six sessions that are held once a week. The second type is counseling, which may take 30 months. The latter is similar to AA meetings, where offenders get counseling on alcoholism regardless if they have an alcohol problem or not.

• How long will my driver’s license be suspended if I fail a BAC test in Bakersfield?

  If a Bakersfield driver 21 years old and above has a BAC or blood alcohol content test result of 0.08% and above, and if it is their first DUI offense, they will be suspended for four months. A subsequent offense that occurs within a decade will merit a suspension of one year. If the driver is below 21 years of age and their BAC reading is 0.01% and above, they will also be suspended for a year.

• How does a DMV revocation or suspension for a Bakersfield DUI arrest differ from a revocation or suspension after a criminal conviction in court?

  The DMV revocation or suspension in a DUI case is an administrative action, known as an Administrative Per Se, that is immediately taken solely against an offender’s driving privilege. A DMV sanction imposed in such a case is independent from court-imposed fines, jail sentences, or other criminal penalties when the offender becomes convicted of a DUI crime. A revocation or suspension following a court conviction is a mandatory action wherein jail time, fines, and criminal penalties may be imposed.

• Are DUI roadside breath tests mandatory in Bakersfield?

  While some Bakersfield drivers, such as those on DUI probation or those below 21 years old, need to provide a breath sample, most drivers are not required to undergo preliminary alcohol screening tests. The latter may opt to refuse the test because these roadside devices could be unreliable and may be used against them as a justification for an arrest. There are no penalties that can be lawfully imposed on them either.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.